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MINUTES OF THE 167TH MEETING OF EXPERT APPRAISAL COMMITTEE FOR PROJECTS RELATED TO COASTAL REGULATION ZONE HELD ON 23RD FEBRUARY, 2017 AT INDIRA PARYAVARAN BHAWAN, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, NEW DELHI The 167th Meeting of the Expert Appraisal Committee for projects related to coastal

regulation zone was held on 23.02.2017 at Narmada Hall, Indira Paryavaran

Bhawan, New Delhi. The members present were:

1. Dr Deepak Arun Apte - Chairman 2. Dr. Anuradha Shukla - Member 3. Shri Y. Chandrasekhar Iyer - Member 4. Shri Arvind Kumar Nautiyal - Member Secretary

Dr E. Vivekanandan, Dr. S.W.A Naqvi, Dr. S.G Bhave and Shri N.K Gupta were

absent.

In attendance: Dr. Sudheer Ch and Shri W. Bharat Singh, Joint Director, MoEFCC.

The deliberations held and the decisions taken are as under:

1. CONFIRMATION OF THE MINUTES OF THE LAST MEETING. The Committee having taken of a minor correction with respect to geographical co-ordinates of the project site of an item at Serial No. 3.25, taken up in the last meeting held during January 16-17, 2017, pertaining to setting up of LiDAR based offshore structure at Gulf of Khambat by National Institute of Wind Energy, agreed that the correct coordinates may be mentioned by making necessary corrections as follows: At item No. 3.25 regarding setting up of LiDAR based offshore structure at Gulf of Khambat by National Institute of Wind Energy, the geographical coordinates of the project site shall be now read as Latitude 200 41’30” N and Longitude 710 32’50” E. 2. CONSIDERATION OF PROPOSALS:

PROPOSALS FOR RE-CONSIDERATION

2.1 Construction of additional built up area of 1560.19 sqm at Palm Beach Hotel at D.No.6-24-3, S.No.967, Block No.82, Div. No.22, at G.V.M.C, Visakhapatnam (Andhra Pradesh) by M/s Bajaj Hotels Pvt. Ltd. – reconsideration for CRZ Clearance. [F. No. 11-4/2016-IA-III] The proposal was earlier considered in the 158th Meeting of the Committee held during 28-29 January, 2016 but was deferred as the EAC had observed that members were not made available EIA/EMP reports for perusal and was therefore not prepared for assessment. The Committee also had observed that the Andhra Pradesh Coastal Zone Management Authority (APCZMA) has not yet recommended the proposal for CRZ clearance.

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On receipt of the recommendation of the APCZMA and subsequent application submitted to the Ministry for reconsideration, the proposal was placed before EAC. The project made a presentation and provided the following information: (i) The project involves construction of additional built up area of 1560.19 sqm at

Palm Beach Hotel at D.No.6-24-3, S.No.967, Block No.82, Div. No.22, at G.V.M.C, Visakhapatnam (Andhra Pradesh) by M/s Bajaj Hotels Pvt. Ltd.

(ii) The geographical location of the site is at 1743’14.43”N latitude and

8320’10.00”E Longitude. (iii) The total site area is 14942.11 sqm and the total built up area for the proposed

expansion will be of 1560.19 sqm. Total stilt area of 924.88 sqm will be allocated for parking only.

(iv) The total number of rooms under the proposed construction would be 29 Nos. which comprises of ground floor and first floor in Block-B; first floor in Block –A at Waltair Ward, Beach Road, Visakhapatnam. There are 44 rooms already existing in the site.

(v) The area of 42942.11 sqm is classified as CRZ-II in 0-200 m zone, where construction of beach resort for temporary occupation is a permitted activity. The project proponent engaged the services of the National Institute of Oceanography, Visakhapatnam, a notified agency of Government of India, for carrying on demarcation of LTL, HTL and CRZ of the area.

(vi) The area earmarked for the project is located within Coastal Regulation Zone. The area is classified as CRZ-II is falling within 0-200 m from HTL as indicated in the approved Coastal Zone Management Plan of the area.

(vii) FSI/FSA will be 0.33 (viii) The water requirement for existing and proposed is projected as 35.03 KLD for

domestic use. Total fresh water will be met from GVMC on chargeable basis and sewage will be treated in STP which comprises of Screen Chamber, Collection Tank, Equalization Tank, Aeration Tank, Secondary clarifier and Territory system like Sand filter and activated carbon filter. Treated waste water will be used for the lawn development, green belt area usage and Toilet flushing. Total land allocated for green belt development will be of 12214.70 sqm.

(ix) The solid waste generated estimated at 11.774 kg/day will be sent to GVMC – Kapuluppada dumping site.

(x) The project estimated cost is Rs.6.0 crores and Rs.20.0 lakhs will be spent for environmental management.

(xi) The proposed project does not falls within 10km of eco-sensitive area. Kambala konda Eco-tourism park is 5.42 Km away from the project site.

(xii) There will be 4 nos. of RWH provided. (xiii) APCZMA has recommended the proposal for CRZ clearance on 17.10.2016.

Based on the deliberations held and information provided by the project proponent the Committee recommended the proposal for CRZ clearance subject to the following specific conditions:

(i) Water recycling and rainwater harvesting system shall be put in place. (ii) Management of solid wastes in accordance with solid waste management rules,

2016 shall be ensured.

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(iii) The construction of additional areas shall be strictly for occupation by tourist and visitors. There should not be any construction for residential purposes.

(iv) The project proponent shall deposit 2% of the cost of the project for conservation of coastal and marine biodiversity in the states of Andhra Pradesh. Government of Andhra Pradesh shall establish an independent Marine and Coastal Biodiversity Foundation where 2% contribution to be deposited as a corpus fund and its interest will be used to undertake activities specific to marine and coastal biodiversity conservation. Guidelines to establishment of the Marine and Coastal Biodiversity Foundation can be followed based on the guidelines of Mangrove Foundation of Maharashtra.

2.2 Installation of proposed Sulphuric acid (2*12500 MT) and Phosphoric acid (2*10000 MT) storage tanks along with unloading facilities and pipelines at the existing fertilizer Wharf of Coromandel International Limited, Visakhapatnam (Andhra Pradesh) by M/s Coromandel International Limited - reconsideration for CRZ Clearance. [F. No. 11-35/2015-IA.III]

The project proposal was earlier considered by the EAC in its 165th meeting held on 16-17 January, 2017. In the said meeting, during the course of its deliberations, the EAC was informed its earlier observations and the response made by the project proponent, as explained below: (i) The project was first considered by the EAC in its 154th meeting held on 22-23 December, 2015, wherein the Committee desired for a comprehensive Distaster/Environmental Management Plan to ensure safe and eco-friendly handling of the hazardous chemicals. The project proponent were asked for exploring best practices on risk management and spillage plan, and also to find out if any permission is required from the Indian Coast Guard in this regard. In response, the Disaster/Environment Mangement Plan was submitted by the project proponent. Regarding best risk management practices, it was informed that well designed pipelines with expansion loops would be used. Storage tanks are designed to withstand worst weather conditions, good engineering practices, national standards and applicable codes would be adopted. With regard to permission from Indian Coast Guard, it was reported that their facility was examined by the Commandant & Dist. Pollution Response Officer for COMDIS-6 (AP) along with his team. It has been recommended to comply with Tier-I capability for ship berthing as per NOS-DCP (National Oil Spill Disaster Contingency Plan). (ii) That matter was taken up again in the157th meeting of the Committee held during 27-28 April, 2016. The EAC in its 157th meeting was not satisfied with the disaster response plan for acid spillage. The Committee desired that the project proponent shall resubmit the proposal with a provision of dyke spill hold equal to the entire tank capacity within the dyke area, collectively or individually, depending upon the dyke design. This was recommended in the interest of industrial and public safety. The proposal was thus deferred for reconsideration at a later stage. (iii) On submission of required details, the matter was again placed for re-consideration in the 159th meeting of the Committee held during May 30.31, 2016. The Committee in the said 159th meeting took objection to the contents of the letter dated 15th April, 2016 submitted by the project proponent and observed that the facts

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therein were misinterpreted and wrongly recorded, directing the proponent to follow the best available international practices. On their request to consider the proposal in the light of the standards prescribed by the BIS and OISD, the Committee opined that standards prescribed by OISD are applicable to Oil Industries, whereas, standards prescribed by BIS are voluntary. The failure of all sulphuric acid storage tanks is possible during natural calamities, or an explosion or mischief, and in that case, it would result huge spillage of harmful and highly hazardous chemicals. Therefore, the Committee was of the firm view that in larger public interest and safety, dyke capacity is to be increased to the total storage capacity of sulphuric Acid of all the tanks in the tank farm area. During the said meeting, the EAC had made it categorical that the safety provisions should cover the entire tankage and not just the one tank even if it is the largest tank, and that public safety should not be compromised at any cost, while storing this hazardous chemical, keeping in view some recent accidents and heightened security concerns. In view of the facts stated above, consideration of the proposal was again deferred. The project proponent has now submitted the rational for the technical inability of coverage of entire tankage area by dyke/wall as it will not only lead to operational difficulty and threat to personnel but also not viable for maintenance exercise. It was informed that the suggestions of the Committee is nowhere practised in the world due to above reasons. It was further informed that CRZ recommendation of similar kind was made without such a condition for entire dyke wall coverage in one of their similar facility at Kakinada Plant, in Andhra Pradesh. That similar standards are followed by all Fertilizers and Chemical Industries in India. The project proponent further informed that construction of such storage tanks worldwide follows a safety related code viz. IS 4262:2002. It was informed that in addition the OISD:118 and 244 are applicable in Indian context. It was further stated that as per the above-mentioned codes, the dyke height cannot be more than 2m. Based on the deliberations held and information provided by the project proponent the Committee recommended the proposal for CRZ clearance subject to the following specific conditions:

(i) Provisions of Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 shall be strictly implemented and compliance therefore submitted to the regional office of the Ministry.

(ii) The project proponent shall deposit 2% of the cost of the project for conservation of coastal and marine biodiversity in the states of Andhra Pradesh. Government of Andhra Pradesh shall establish an independent Marine and Coastal Biodiversity Foundation where 2% contribution to be deposited as a corpus fund and its interest will be used to undertake activities specific to marine and coastal biodiversity conservation. Guidelines to establishment of the Marine and Coastal Biodiversity Foundation can be followed based on the guidelines of Mangrove Foundation of Maharashtra.

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Construction of retaining wall, service road, relocation of Bharatnagar Police Chowki along the banks of Mithi river, Mumbai by M/s Mumbai Metropolitan Region Development Authority (MMRDA) - Reconsideration for CRZ Clearance [F. No. 11-64/2012-IA-III]

The project was earlier considered by the EAC in its 165th meeting held during 16-17 January, 2017. During the aforesaid meeting, the project proponent made a presentation and provided the following information: (i) In view of the unexpected deluge in Mumbai in July, 2005, MMRDA took up the development works of Mithi River and Vakola Nalla for flood mitigation under the guidance of Central Water and Power Research Station (CWPRS) and Chitale Committee (Fact Finding Committee). The Mithi River Protection and Development Authority under the administrative control of MMRDA has undertaken the development works in its jurisdiction for 6 km length of Mithi River and 1.8 km length of Vakola Nalla in two phases. The works comprises of widening, deepening, retaining wall, service road and beautification etc. (ii) In Phase-I, desilting and widening works of Mithi River and Vakola Nalla costing about Rs.34.50 crores were completed during the period from March, 2006 to June, 2006. As a result, Mithi River was widened by an average of 30 m and Vakola Nalla by 10 m. Also, the water carrying capacity and water holding capacity of Mithi river was improved by 1.5 times resulting in increase of flushing activity and decrease in pollution level of the river. (iii) For Phase-II, the administrative approval (revised) amounting to Rs.570.76 crores was accorded. Against that, total expenditure incurred so far is Rs.459.55 crores, with the component wise details of works undertaken as under:-

S. No. Item Works Completed

% progress

1. Deepening 2769274 cum 100%

2. Widening 746136 cum 90%

3. Rock excavation 256010 cum 58%

4. Retaining wall 7.77 km 92%

5. Service road 4.46 km 73%

6. Beautification 1.12 km 100%

At present, overall progress is reported to be 92%. (iv) In Phase-II, Mithi River and Vakola Nalla were widened by an average width of 5 m and 10 m respectively. Also, carrying capacity of Mithi river was increased by three times and water holding capacity by two times, resulting in reducing the pollution levels. The same was vetted by CWPRS in their report dated 11th November, 2011. From the year 2013, pre-monsoon desilting works of Mithi River and Vakola Nalla was handed over to MCGM. (v) While construction of retaining wall and widening work along Mithi river and Vakola nalla, demolition of hutments was carried out at some places. During Phase-I,

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2600 no.of hutments were demolished, and in Phase-II, 1128 no.of hutments were demolished. The demolition of total 367 hutments at Valmiki Nagar along Vakola nalla is still remaining. (vi) The site for construction of retaining wall and service road falls under the CRZ-II zone, and thus requiring CRZ Clearance by the MoEF in terms of the provisions of the CRZ Notification, 2011. MCZMA forwarded the proposal to MoEF on 19th June, 2012 with the recommendations to grant CRZ Clearance to the project. Considering the recommendations of MCZMA, the project was granted CRZ Clearance on 4th December, 2012 in favour of MMRDA. (vii) Further developments as under were also informed:-

Date Particulars

19.10.2012 Work order for undertaking underwater blasting work granted by the MMRDA to RE Infra Pvt. Ltd.

06.11.2012 PIL No.131 of 2012 filed by the Jalbiradari and Vanashakti before the Hon’ble High Court of Judicature at Bombay, falsely alleging that the MMRDA had, inter alia, undertaken unauthorised blasting operations in the Mithi River and that the same were having an adverse effect on the surrounding environment.

04.12.2012 MoEF issued the CRZ clearance to MMRDA.

24.01.2013 Approvals obtained from the Petroleum and Explosives Safety Organization of the Government of India and the Office of the Commissioner of Police, Brihan Mumbai for controlled blasting activities in the Mithi River.

05.02.2013 Jalbiradari and Vanashakti were permitted by the Hon’ble High Court of Judicature at Bombay to withdraw the PIL No. 131 of 2012 and file an appeal before the NGT.

13.02.2013 Jalbiradari and Vanashakti approached the NGT by way of the Appeal No.8 of 2013, inter alia, challenging the CRZ Approval granted to the MMRDA, along with an application seeking condonation of the delay in filing the said appeal. No orders were passed in pursuance of filing the said application for condonation of delay. The said appeal before the NGT was for a cause of action distinct from the one argued under the abovementioned PIL No. 131 of 2012.

02.03.2013, 03.03.2013 and 06.03.2013

CWPRS Pune monitored the blasting activity to ensure the safety of the nearby structures against the blast vibrations.

22.04.2013 A fresh no objection for controlled blasting activities obtained from the Office of the Commissioner of Police, Brihan Mumbai.

23.04.2013 A fresh approval was obtained from the Petroleum and Explosives Safety Organization of India to conduct blasting operations

03.10.2013 Observation note issued by Central Water and Power Research Station recommending that the blasting patterns

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followed at the site during March 2013 be continued for the further widening and deepening of the Mithi River

08.10.2013 The National Green Tribunal (Western Zone) Bench, Pune arrived at a prima facie opinion that an EIA study would be required to be conducted in order to determine the effects of the blasting operations on the river and ecology.

14.03.2014 EIA Report on the rock blasting activity in the Mithi River issued by the National Environmental Engineering Research Institute recommending that the blasting activity be discontinued due to its alleged impact on the biodiversity and ecosystem.

20.05.2014 CWPRS recommended that removal of impediments like rock outcrops was essential to maintain a proper river bend gradient and that river channelization by way of widening and deepening of the Mithi River and the Vakola Nalla was recommended.

22.01.2015 The Hon’ble Expert Member and the Hon’ble Judicial Member of the National Green Tribunal (Western Zone) Bench, Pune passed differing orders.

31.05.2016 Hon’ble Chairperson, NGT, upon a reference under Section 21, held that, inter alia, the CRZ Approval granted to the MMRDA be kept in abeyance, the MMRDA be made liable to pay environmental compensation and that the Respondent Nos. 3 and 5 re-examine the Mithi River Project.

01.09.2016 The MMRDA challenged the above orders of the NGT by way of the WP (Civil) No.10631 of 2016 before the Hon’ble Court of Judicature at Bombay.

30.09.2016 The Hon’ble High Court of Judicature at Bombay was of the view that the challenge to the NGT orders be heard by this Hon’ble Court and permitted the MMRDA to withdraw the writ petition, while granting it liberty to approach this Hon’ble Court.

(viii) The Appeal No.7/2015 in the matter of ‘Jalbiradari & othrs Vs Union of India & othrs’ filed before the National Green Tribunal (WZ) at Pune, was alleging that rock blasting work caused immense damages to flora and fauna in the vicinity of blasting areas, damages to marine and aquatic life, and also construction of retaining wall along Vakola Nalla caused damages to the surrounding mangroves. The prayers made before the Tribunal included to pass orders to quash and set aside the Environment Clearance Certificate dated 4th December, 2012 issued by MoEF in favour of MMRDA, demolition of Retaining walls and any concretization within the river bed on the banks of the river that have been constructed within the Mithi River and to restore the river to its original position, stoppage of blasting operations being conducted in the Mithi River, restoration and restitution of the river to its original pristine state, etc. (ix) MMRDA’s pleading before NGT Controlled blasting work:

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The work of controlled blasting was included in the list forwarded to MCZMA on 07-12-2010 and subsequently to MoEF&CC, in the work listed at Sr.No.4 as deepening of Mithi River from Ch.0.0m (Mahim Causeway) to Ch.2140.0m which is specified in tender at item no.3. The rock hump were available at scattered locations near the mouth of Mithi River at Mahim Causeway, which were very sporadic. Therefore, there was no separate mention of work in the list submitted to MoEF&CC. All statutory permissions from the Petroleum and Explosives Safety Organisation and the Commissioner of Police were obtained prior to start of rock blasting work. MMRDA has ensured that no adverse environmental impact are caused due to the use of mild controlled blasting of rock during the process. Once the rock is fragmented, it is manually removed with equipment. Deepening and widening of Mithi River is very much in interest of the environment and also in public interest to mitigate danger of deluge like 26th July 2005. Also, the mild blasting is not affecting any marine flora and fauna. The blasting work was carried out under the expert guidance of Central Institute of Mining and Fuel Research, which has stated in its report dated 30.10.2012 that no damages to flora and fauna would occur due to this mild blasting. Retaining wall and other works While executing these works of deepening, widening and construction of retaining walls including service roads, MMRDA had not damaged any mangroves or flora and fauna or marine life. CIMFR in their report dated 30th October, 2012 and CWPRS report dated 3rd October, 2013, have endorsed the same. All the works were executed as per the directions of CWPRS, Pune vide their report of January, 2006 and Fact Finding Committee’s report of March, 2006. In fact, construction of retaining wall was essential to provide better tidal exchange, increase discharging capacity during floods, control the encroachments, train the river, restrict filling of debris, maintain the designed waterway, protect the banks from erosion and to channelize the flow. As regards the pipes laid in the stretch of Vakola Nalla for feeding water to mangroves, CWPRS in its report has stated that the sufficient quantity of water is being supplied to mangrove areas in the stretch of Vakola Nalla from Ch.705.0m to Ch.1005.0 m and survival and growth of mangroves is satisfactory. (x) Mithi River protection works were undertaken on priority as flood mitigation measure, as per the orders dated March, 2006 of Hon’ble Bombay High Court in PIL No.2116/2005. Hon’ble Court had appreciated the works executed by MMRDA in Phase-I, and further in January, 2007 directed that the Phase-II works like deepening, widening and construction of retaining walls shall be undertaken on priority and complete the same to avoid flooding in future. (xi) The NGT in their order dated 31st May, 2016 observed as under:- ‘MMRDA has started the project without compliance to the relevant provisions of law. It caused environmental degradation and even the blasting work was carried in violation to the relevant laws in force. Consequently, MMRDA is liable to pay

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environmental compensation. At this initial stage, it is directed that MMRDA shall pay Rs.25 lakhs as Environmental Compensation, which will be subject to final adjustment upon submissions of the report by the expert body including the money required for taking restorative and remedial measures.’ (xii) Since MMRDA has not done any damage to environment such as mangroves, flora and fauna, marine life etc. due to controlled blasting and other works executed so far, MMRDA has challenged the orders of the NGT, Principal Bench at Pune before Hon’ble Supreme Court of India, with the prayers as below:-

(a) The works executed by MMRDA as stated in pre-page under Phase-I and Phase-II, were carried out pursuant to orders passed by Hon’ble High Court dated 01-03-2006 and 17-01-2007 to prevent loss of life and injury to the public in the light of the floods. Also all the works were executed under the guidance of CWPRS, Pune and CIMFR.

(b) The works of rock blasting was carried out under the strict supervision and guidance and after design of the blasting charge by the CIMFR. Thereafter the CWPRS has also been asked to study the blasted site. Accordingly, CWPRS had visited the site and vetted that no damages have been occurred to the surroundings vide their report dated 31-10-2013.

(xiii) Few actual photographs of site were also shown. The balance work of retaining wall in the stretch of Valmiki Nagar, where the retaining wall is not executed, it is seen that the encroachments are cropped up in the waterway obstructing the flow of water and at the same time where the retaining wall works are completed no encroachments are seen and flow of water is also smooth. The EAC, in view of the directions contained in the order dated 31st May, 2016 of NGT, Principal Bench at Pune, and further orders dated 28th October, 2016 of Hon’ble Supreme Court, decided to first conduct a site visit in the last week of January, 2017 on a mutually convenient date. The proposal, thereafter, shall be placed before the EAC for re-appraisal. The Committee also firmly decided to conclude the proceedings as per the orders of Hon’ble Supreme Court. The matter was accordingly deferred for reconsideration at a later stage on submission of site inspection report. The Committee discussed the findings of the site visit and agreed to the observations of the visiting team as follows:

(a) The visiting team observed the past Google images and approved CZMP of the Greater Mumbai. During the site visit, the team observed no visible damage to the existing mangrove patch dominated by Avicennia marina present on the opposite bank of Mithi River.

(b) Impact on marine life due to blasting carried out in March 2013 to May, 2013, could not be ascertained due to non-availability of primary data.

(c) The unaffected water carrying pipeline near the site can be considered as indicator of controlled and small scale blasting.

The project proponent was thereafter called for a presentation wherein the following information were reiterated:

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(i) The Ministry had accorded CRZ Clearance vide letter dated 4th December, 2012 in favour of M/s MMRDA for construction of retaining wall, service road along the banks of river Mithi in Mumbai. (ii) The NGT, Principal Bench at New Delhi vide order dated 31st May, 2016 in Appeal No.7/2015 in the matter of ‘Jalbiradari & Othrs Vs MoEF & Othrs’ has given the following directions:

The CRZ Clearance granted through the impugned communication of moEF dated 4th December, 2012, is kept in abeyance for a period of 4 months, and the matter is remanded back to the MoEF to place it before the EAC for its re-appraisal, without any prejudice after ascertaining the factual physical progress of various works, various reports on the record including CWPRS and NEERI, and other material on record,

The MoEF shall take decision on the CRZ Clearance for this project within 4 months. If no such decision is taken in such period, the CRZ impugned clearance will be deemed as quashed and set aside.

MoEF shall particularly identify the damage caused to blasting activity and submit a detailed report on remediation along with costs within 4 months to this Tribunal,

(iii) Given the directions of the Tribunal, the proposal was listed for consideration in the 162nd EAC meeting held on 29 - 30 August, 2016. Since, the project proponent did not attend the meeting, the proposal could not be considered. The Committee desired that the Ministry may have a meeting with the project proponent and the MCZMA to resolve the issues to comply with the directions of the Tribunal in letter and spirit. There being no response, the proposed meeting could also not be held. (iv) Aggrieved with the orders of the NGT, MMRDA filed a Civil Appeal No.10463-10464/2016 before Hon’ble Supreme Court in October, 2016. Hon’ble Supreme Court vide order dated 28th October, 2016 directed as under: Quote: “ Until further orders, CRZ clearance kept in abeyance in terms of the impugned order shall continue to remain in abeyance for a further period of four months from today to enable the Ministry of Environment & Forests (MoEF) to take a final decision in terms of the direction issued by the tribunal. The order passed by the MoEF shall be placed on the record by the learned counsel for respondent No.3 before the next date of hearing.”

Unquote

However, this Ministry came to know about the orders only in the first week of January, 2017 through a mention about the same in the orders of NGT, Principal Bench at N Delhi. Neither any persuasion nor any information in this regard was provided by the MMRDA to this Ministry to enable timely compliance of the orders of Hon’ble Supreme Court. Given the directions of Hon’ble Supreme Court, the proposal has been placed before the EAC to arrive at the line of action for timely compliance in

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letter and spirit. The EAC, in view of the directions contained in the order dated 31st May, 2016 of NGT, Principal Bench at Pune, and further orders dated 28th October, 2016 of Hon’ble Supreme Court, decided conducted a site visit in the last week of January, 2017 and the site visit report is finalised after deliberating it in the 167th EAC meeting held on January 23rd 2017. The Committee was informed of the Supreme Court Order dated 13.02.2017 wherein the Hon’ble Court has imposed a fine MoEFCC of Rs 5000/- on account of nonappearance when the matter came up for hearing on the said date. Representatives of the Ministry and the legal counsel present in the Committee informed the Committee that the administrative division in the Ministry had no such knowledge of the scheduled hearing as no communication verbal or otherwise was received neither in the Legal Cell of the Ministry nor in the administrative division dealing the subject. The Committee having noted the above, advised that suitable reply for waiving off the penalty imposed for non-appearance may be filed by MoEFCC to the Hon’ble Supreme court along with the decision taken on the subject matter. Based on the deliberations held, information provided by the project proponent and site inspection report, the Committee agreed that no public interest will be served by squashing the CRZ clearance issued on 04.12.2012 at this stage. The Committee also agreed that the CRZ clearance issued does not suffer from technical fault requiring amendments and may be uphold in larger public interest.

2.4 Laying 220 kV underground electric cable in Versova, Mumbai (Maharashtra) by M/s Tata Power – Reconsideration for CRZ Clearance [F. No. 11-13/2016-IA-III] The project proposal was earlier considered by the EAC in its 161st meeting held on 26th July, 2016, wherein the EAC noted that proposal for laying 220 kV underground electric cable over a total length of 3.378 km in Versova, Mumbai (Maharashtra) by M/s Tata Power, includes a stretch of 1.59 km in the CRZ area. At the outset, the Committee was satisfied with the necessity of the project for Mumbai, though it was felt that the Master Plan for such cabling project should have been prepared well in advance so that the entire work could be completed quickly. During examination of the case it was revealed that the precise route of the cable pathway/underground cabling was yet not firmed up and was not having the clearance from the Municipal Corporation of Greater Mumbai (MCGM). The project proponent was therefore advised to get the desired clearance of the MCGM which would be subject to obtaining CRZ clearance in the required area for CRZ. The proposal was, therefore, deferred for consideration at a later stage. On getting approval of the MCGM the project prominent resubmitted their proposal for reconsideration. The project proponent made a presentation during the meeting and provided the following information to the Committee: (i) The project involves laying 220 kV underground electric cable in Versova,

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Mumbai (Maharashtra) by M/s Tata Power. (ii) The electricity demand in Versova area is presently served by Tata Power’s

Versova Receiving Station (R/S) at 33 kV and 11 kV. It is also expected that 33 kV outlets requirement will go up in future. The 33 kV present infrastructures in the vicinity cannot cater to the above immediate as well as future requirement as the requisite capacity is not available in the network of Tata Power in this area. The currently existing 110 kV switchyard in Versova is already planned to be converted to 145 kV GIS.

(iii) Also Malad (West), Versova (existing 145 kV) & Andheri (West) are fed from Borivli-Malad-Versova lines catering to R-Infra, Western Railway and Tata Power-Distribution which get frequently shut down due to tripping of these radial lines from Borivli. Hence to ensure reliable supply to this area and Railways, it is essential to establish an alternate source of supply.

(iv) It is proposed to augment power supply to the Versova receiving station by upgrading to 220 kV. This 220 kV Receiving Station at Versova will be fed from Reliance Infrastructure Versova R/S and in future will also get feed from Tata Power’s 400/220 kV Marve R/S to ensure uninterrupted power supply. This will help to cater to the increased load demand.

(v) The project falls under CRZ-IA and CRZ-II area. (vi) The Maharashtra Coastal Zone Management Authority has recommended the

project vide their letter No. CRZ-2015/CR-113/TC4 dated 8th January, 2016. (vii) Cost of the project: Rs. 87.92 Crores (viii) Forest land: Not involved (ix) Wildlife issues: As per MoEFCC's latest draft notification of ESZ of Sanjay

Gandhi National Park, project is outside of ESZ and is at distance of 3.4 km. (x) Temporary employment during laying of underground electric cable. (xi) Benefits of the project: The City life will face less problems due to improved

reliability and adequate power supply to the Mumbai island due to enhancement in power supply.

The project proponent also informed that no mangroves will be cut due to the project. That dense mangroves are located at distance of 20-30 m from the proposed underground cable route. Less than 50% of the length of the project falls within the mangrove buffer zone, while rest of the project and related works in is non-CRZ areas. The 220 kV link has to be established between Tata’s and Reliance’s R/Ss in Versova in order to achieve reliability, capacity enhancement and uninterrupted power supply to western suburbs of Mumbai. The Committee perused the recommendation for CRZ clearance issued by the Maharashtra Coastal Zone Management Authority and noted conditions prescribed. The Committee also noted the order of the Bombay High Court in PIL No.87 of 2006. Based on the deliberations held and information provided by the project proponent the Committee recommended the proposal for CRZ clearance subject to the following specific conditions: (i) Prior approval of the High Court of Bombay and all concerned shall be obtained

before start of work. (ii) Status of implementation of the specific and general conditions prescribed in the

recommendations made by the Maharashtra Coastal Zone Management Authority

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shall be submitted to all concerned agencies including regional office of the Ministry of Environment, Forest and Climate Change.

(iii) The project proponent shall regenerate mangroves in consultation with the State Department of Environment/Forest. The areas and extent of regeneration of mangroves shall be decided by the concerned department.

(iv) The project proponent shall deposit 2% of the cost of the project for conservation of coastal and marine biodiversity in the Mangrove Foundation of Maharashtra.

2.5 Holiday Resort at Taluk Alibag (Maharashtra) by Mrs. Savitri Nandakishor Dube – CRZ Clearance. [F. No. 11-2/2017-IA-III]

The proposal is for construction of Holiday Resort at Gat No. 532, Village Kihim, Tal Alibag, Dist. Raigad, Maharashtra by Mrs. Savitri Nandakishor Dube (the project proponent). The project proponent made a presentation and provided the following information to the Committee: (i) The project involves construction of Holiday Resort at Gat No. 532, Village

Kihim, Tal Alibag, Dist. Raigad, Maharashtra promoted by Mrs. Savitri Nandakishor Dube. The location of the project is Latitute 18°43'30.785"N and longitude of. 72°52'9.591"E.

(ii) The total plot area of the project is 4460 sqm. & proposed built up will be 857.96 sqm which is below 33 %. The components of the project is as under:-

Type of building Built up

(sqm.)

Number of floors

Number of Tenements

Total No of Units

A 184.04 2 1 1

B 673.92 2 4 4

(iii) The project falls under CRZ III of the CRZ Notification, 2011. Layout on CRZ

map of 1: 4000 scale prepared by Institute of Remote Sensing Anna University Chennai. The plot is located within 200 m of HTL.

(iv) FSI will be below 0.33 and will be about 0.2. (v) The project does not involve disturbance to sand dunes as there are no sand

dunes in the site. (vi) The Maharashtra Coastal Zone Management Authority has recommended the

project vide their letter No. CRZ 2015/CR171/TC 4 dated 28th October, 2016. (vii) Water requirement: Total water requirement of the project is 3375 lit/day. (viii) Waste water: Total waste water generation is 3 m3/day & the waste water will

be treated with sewage treatment facility. (ix) Solid waste: Total waste generated during operation phase will be 10 kg/day &

organic waste will be composted & used as manure. Non degradable waste will be handed to Kihim Grampanchayat for further disposal.

(x) Power requirement - The power requirement during construction and operation will be supplied by MSEDCL, Power requirement during operation phase is 10 KW. Energy conservation measures will be adopted and it is proposed to: use energy efficient appliances, solar water heater, maximize use of natural light & ventilation.

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(xi) Recharge pits around existing dug well with filter media is proposed for rain water harvesting. Total runoff will be 6597 cum / Year.

(xii) The project is not located within any Wildlife Sanctuary. The Karnala Wildlife sanctuary is at 28 km from project site.

(xiii) Cost of the project - Total estimated cost of the project is Rs. 356.83 Lakh The Committee noted the information provided by the project proponent and observed that the location of the proposed resort does not seem to have the potential to alter the characteristics of the CRZ and therefore decided to recommend CRZ clearance subject to strict compliance of the conditions stipulated by the Maharashtra Coastal Zone Management Authority. In addition, the Committee recommended that the project proponent shall deposit 2% of the cost of the project for conservation of coastal and marine biodiversity in the Mangrove Foundation of Maharashtra.

2.6 Holiday Resort at Gut No. 204 Mouje Sasawane, Tal - Aligaug, Dist – Raigad in Maharashtra by M/s Mehul C C Johnson – CRZ Clearance. [F. No. 11-3/2017-IA-III]

The proposal is for construction of holiday resort at Gut No. 204 at Mouje Sasawane, Taluk Aligang, in District Raigad, in Maharashtra by M/s Mehul C C Johnson. The project proponent made a presentation and provided the following information to the Committee: (i) The CRZ – III is about 200 m and 500 m from the HTL for sea front, as per the

2011 CRZ guidelines.The site on landward side of Arabian Sea falls inside the CRZ area as per CRZ Notification, 2011. The proposed project site falls completely inside the 500 m line from the HTL of Arabian Sea and affected by CRZ III as per CRZ Notification, 2011. There is mangrove vegetation present in the vicinity of the project site. The distance of the site from HTL of Arabian Sea is about 348 m and the distance from HTL (mangrove) is about 402 m.

(ii) SCZMA Approval: The Maharashtra Coastal Zone Management Authority (MCZMA) has recommended the project vide their letter No. CRZ-2015/CR- 212/TC4 dated 24th October, 2016.

(iii) The project comprising of 1 Main Block (Ground+1 Floor), 4 Cottages (Ground floor), Staff Quarters (Ground floor) and Swimming pool. The plot area is 4200.00 m2, the FSI area proposed is 758.08 m2, total Construction area is 773.21 m2.

(iv) Water requirement during construction phase, is around 5 KLD which will be met by Sasawane Grampanchayat. During the construction phase, soak pits and septic tanks will be provided for disposal of wastewater.

(v) During operational phase, total water demand of the project is expected to be 8 KLD and same will be met by fresh water from Grampanchayat water supply and recycled water. Wastewater generated (4 KLD) will be treated in STP of 6 KLD capacity (Phytorid Technology). 1 KLD of treated wastewater will be recycled for flushing. The excess treated water of 3 KLD will be used for gardening purpose. Hence the project is zero discharge.

(vi) About 18 kg/d solid waste will be generated in the project. The biodegradable waste (11 kg/d) will be processed in Vermi composting pits.

(vii) The total power requirement during construction phase is 25 kVA and will be met from MSEDCL and Total power requirement during operation phase is 100

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KW and will be met from MSEDCL. (viii) Rooftop rainwater of all building will be collected in one RWH tank of total 5 m3

capacity for harvesting after filtration. (ix) Parking facility for 7 four wheelers are proposed to be provided as per local

norms. (x) Investment/Cost: The cost of the project is Rs. 2.96 Crore. (xi) There are no court cases pending against the project. The Committee noted the information provided by the project proponent and observed that the location of the proposed resort does not seem to have the potential to alter the characteristics of the CRZ and therefore decided to recommend CRZ clearance subject to strict compliance of the conditions stipulated by the Maharashtra Coastal Zone Management Authority. In addition, the Committee recommended that the project proponent shall deposit 2% of the cost of the project for conservation of coastal and marine biodiversity in the Mangrove Foundation of Maharashtra.

2.7 Laying of Pipeline for the Transfer of Edible Oil from Chennai Port to Transit Storage Terminal and Establishment of Storage Transit Terminal at No. 18/19, New Ennore Express High Road, Thiruvottiyur, Chennai by M/s KTV Oil Mills Private Limited - CRZ Clearance. [F. No. 11-4/2017-IA-III]

The proposal is for laying of pipeline for the transfer of edible oil from Chennai Port to transit storage terminal and establishment of storage transit terminal at No. 18/19, New Ennore Express High Road, in Thiruvottiyur village, in Ambattur Taluk, Chennai by M/s KTV Oil Mills Pvt. Ltd. The project proponent made a presentation and provided the following information to the Committee:

(i) The total length of the pipeline will be 5.2 kms and the area of storage facility will be 7430 sq.m. The proposed pipeline will be 10 inches single pipeline from Berth to Port Trust main gate and all along New Ennore Express High Road.

(ii) There will be 13 nos. of storage tanks having capacity of 2261 KL (four tanks each), 4021 KL (two tank), 6283 KL (two tanks each), 5098 KL (three tank), 3437 KL (one tank) and 3447 (one tank) for handling and transit of edible oil at the Transit terminal.

(iii) The proposed site falls in CRZ-II and the District Coastal Zone Management Authority for CMDA has recommended the project for clearance in the meeting held on 8th August, 2016. As per CRZ Notification 2011, vide para 8 II CRZ-II (vi) storage of non-hazardous cargo, such as edible oil, fertilizers and food grain shall be established only in notified ports. However vide para 3 (ii) (a) &(b) of CRZ notification 2011, transfer of hazardous substances from ships to port, terminals and refineries and vice versa; facilities for receipt and storage of petroleum products and liquefied natural gas, facilities for receipt and storage of fertilizers and raw materials required for manufacture of fertilizers like ammonia, phosphoric acid, sulphur, sulphuric acid, nitric acid and like are permissible activities in CRZ area (other than CRZ-I (A) ecologically sensitive areas).

(iv) SCZMA Recommendation: The Tamil Nadu Coastal Zone Management Authority has recommended the project vide their letter No. 25182/EC.3/2016-

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1, dated 25.11.2016 (v) Water requirement: 1 KLD which will be supplied by Chennai corporation. (vi) Waste water generation: Sewage generation will be 0.8 KLD, Sewage is treated

through septic tank and disposed through Public sewerage line. (vii) Municipal solid waste: No Solid waste is generated in our operation. (viii) Power requirement: 80 HP. (ix) Proposed energy saving measures: Proposed to install Roof Top Solar Panel. (x) Rain water harvesting system will be installed. (xi) Car Parking / Tanker: 50 Nos. (xii) Investment/Cost of the project: Rs. 9.0 Crores. (xiii) Benefits of the project: Reduces the traffic to Chennai Port Trust and increases

the turn round time of Vessel by taking higher pumping rate. The project proponent also informed that permission for carrying out the proposed activity has been obtained from Chennai Port Trust, National Highway Authority of India and Chennai Fishing Harbour Management Committee. The Committee was informed of an ongoing matter in application No.239 of 2016 filed by Meenava Thanthai K.R.Sevaraj Kumar against the proponent before the Hon’ble National Green Tribunal, Southern Bench, wherein the Tribunal in its order dated 14.02.2017 had the ordered that the National Coastal Zone Management Authority shall consider the application on merits and pass orders in accordance with law. Based on the deliberations held and information provided by the project proponent the Committee recommended the proposal for CRZ clearance subject to the following specific conditions:

(i) The project proponent shall strictly adhere to the conditions stipulated by the

TNCZMA recommendation issued vide letter no. 25182/EC.3/2016-1, dated 25.11.2016.

(ii) The project proponent shall deposit 2% of the cost of the project for conservation of coastal and marine biodiversity in the states of Tamil Nadu. Government of Tamil Nadu shall establish an independent Marine and Coastal Biodiversity Foundation where 2% contribution to be deposited as a corpus fund and its interest will be used to undertake activities specific to marine and coastal biodiversity conservation. Guidelines to establishment of the Marine and Coastal Biodiversity Foundation can be followed based on the guidelines of Mangrove Foundation of Maharashtra.

2.8 Redevelopment & reconstruction of workshop building and academic block at

Haji Ali, Mumbai‐Temporary structure at C.S. No. 5A/47, 12/47of Lower Parel Division on Keshavrao Khade Marg, G/S ward, Haji Ali, Mumbai (Maharashtra) by M/s All India Institute of Physical Medicine & Rehabilitation - CRZ Clearance. [F. No. 11-5/2017-IA-III]

The proposal is for redevelopment and reconstruction of workshop building and

academic block at Haji Ali, Mumbai‐including construction of temporary structure at C.S. No. 5A/47, 12/47of Lower Parel Division on Keshavrao Khade Marg, G/S ward, Haji Ali, Mumbai (Maharashtra) promoted by M/s All India Institute of Physical Medicine & Rehabilitation.

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The project proponent mane a presentation and provided the following information to the Committee: (i) The project site is situated at approximately 39 m from HTL of Arabian Sea and

conclusively within 200 m and therefore the site is in CRZ – II as per the CRZ Notification, 2011. Also the site under reference is within 200 m from HTL of Arabian Sea as per approved CZMP.

(ii) The Maharashtra Coastal Zone Management Authority (MCZMA) has recommended the project vide their letter No. CRZ-2015/CR-66/TC4 dated 4th December, 2015.

(iii) The project comprises of 1 Workshop building (2B+G+7 Floors), an STP and a temporary structure (ground floor).

(iv) The plot area is 11,003.07 m2, the FSI area proposed is 7,470.99 m2, total Construction area is 11,253.29 m2.

(v) Investment/Cost: The cost of the project is Rs. 46.9 Crore. (vi) Water requirement during construction phase, is around 15 KLD which will be

met by existing water supply by Municipal Corporation of Greater Mumbai. During the construction phase, soak pits and septic tanks will be provided for disposal of wastewater.

(vii) During operational phase, total water demand of the project is expected to be 22 KLD and same will be met by fresh water from Municipal Corporation of Greater Mumbai water supply and recycled water. Wastewater generated (21 KLD) will be treated in STP of 25 KLD capacity. 15 KLD of treated wastewater will be recycled for flushing. The excess treated water of 2 KLD will be used for gardening purpose. Excess treated water will be discharged to Municipal Sewer Lines.

(viii) About 98 kg/d solid waste will be generated in the project. The biodegradable waste (59 kg/d) will be given to MCGM as per the SWM Rules.

(ix) The total power requirement during construction phase is 50 kVA and will be met from BEST and Total power requirement during operation phase is 503 KW and will be met from BEST.

(x) Rooftop rainwater of all building will be collected in one RWH tank of total 15 m3 capacity for harvesting after filtration.

(xi) No diversion of forest land is involved. (xii) Parking facility for 32 four wheelers are proposed to be provided as per local

norms. (xiii) There is no court case pending against the project. (xiv) This project will facilitate the customization of mobility aids, assistive devices

artificial limbs etc for individuals with locomotor disability which will enable them to lead independent and productive lives. The project will also lead to benefits in terms of space for academic activities and accommodation for students of rehabilitation training programmes who come from all over India.

The Committee noted the information provided by the project proponent and observed that the location of the proposed redevelopment and reconstruction does not seem to have the potential to alter the characteristics of the CRZ and therefore decided to recommend CRZ clearance subject to strict compliance of the conditions stipulated by the Maharashtra Coastal Zone Management Authority.

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2.9 Redevelopment of Cancer Hospital Building on property bearing C.S. No 254 (PT) of Mazgaon Division at Barister Nath Pai Marg, Mumbai (Maharashtra) by M/s Cancare Trust - CRZ Clearance. [F. No. 11-7/2017-IA-III]

The proposal is for redevelopment of Cancer Hospital Building on property bearing C.S. No 254 (PT) of Mazgaon Division at Barister Nath Pai Marg, Mumbai (Maharashtra) promoted by M/s Cancare Trust. The project proponent made a presentation and provided the following information to the Committee: (i) The total plot area of the project is 1142.20 sqm and total construction area is

13226.12 sqm. The proposed Cancer Hospital building comprises of 3 Level Basement + Ground +1st to 14th & 15th (part) Upper Floors. The total height of proposed hospital building is 60.00 m, along with adjacent parking tower of height 60.00 m to accommodate the required parking spaces. There will be total 92 nos. of beds. The details of the landuse is as under:-

S.No. Description Area (sqm)

1 Total Plot Area 1142.20

2 Proposed FSI Area 6075.73

3 Proposed Fungible BUA 1215.15

4 Total (2+3) 7290.88

5 Non FSI Area (Including Parking Tower) 3470.32

6 Free of FSI (Staircase and Lift) 2464.92

7 Total Non FSI Area(5+6) 5935.24

8 Total Construction Area (FSI + Non FSI)…..4+7

13226.12

(ii) The proposed infrastructure works includes water supply from Municipal

Corporation of Greater Mumbai, electric supply from BEST, sewage treatment through RMBR Technology, solid waste management, adequate parking space and communication networks etc will be provided.

(iii) The land under reference falls under the CRZ -II category. (iv) The Maharashtra Coastal Zone Management Authority has recommended the

project vide their letter No. CRZ-2016 / CR - 279 /TC 4, dated 7th February 2017.

(v) The total water requirement during operation phase of the project will be 50 KLD out of which fresh water requirement is 26 KLD and recycled water requirement is 24 KLD. The fresh water requirement for domestic purpose will be supply from Municipal Corporation of Greater Mumbai and treated water from sewage treatment plant will be use for flushing (22 KLD) and gardening (2 KLD) purpose.

(vi) The total wastewater generated from the project is estimated 38 KLD. The waste generated will be treated in sewage treatment plant based on RMBR Technology. 1 no. of STP of capacity 50 KLD will be provided. The treated water from sewage treatment plant will be reclaimed and used for flushing and gardening purpose that will result in minimum consumption of fresh water. The balance water will be discharge to municipal drain.

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(vii) The power requirement during operation period will be about 1948.7 KW for connected load and 1370.3 KW for maximum demand load. The power supply will be from BEST. There will be also provision for DG set in case of emergency. 1 No. of DG set of capacity 2000 KVA will be provided.

(viii) The total solid waste generated during operation phase will be 147 kg/day. The biodegradable waste will be 58 kg/day whereas non biodegradable waste will be 89 kg/day. The biodegradable waste will be composted whereas other will be given to authorized agencies.

(ix) The biomedical waste is estimated to be approx. @20 kg/day. The biomedical waste will be collected as per different Categories in the different color coded bags and handed over to MPCB authorized Agency as per the Biomedical Waste Handling Rule, March 2016.

(x) Proposed parking tower consist of 29 floors which with 56 Cars + 12 Cars in the basement.

(xi) The estimated cost of the project is Rs. 153.68 Crores. (xii) Considering the increase in number of cases of cancer and scarcity of

treatment facilities, The proposed Cancer Hospital aims to cater to this gap by offering affordable medical care to people at large.

The Committee noted that the MCGM vide their letter no. DYCHE/3281/(BP)CITY, dated 21.10.2016 has mentioned the height of the proposed building to be restricted to 45 m at present and Intimitation of Disapproval under section 346 of Mumbai Municipal Corporation Act issued by MCGM. Whereas, the proposal in hand mentions height of building as 60 m. The Committee also noted the content of the MCZMA letter of recommendation for CRZ clearance for the proposal, including the specific and general conditions prescribed therein. The Committee having perused the proposal strictly from CRZ angle agreed that since the proposed building is at landward side of existing road and does not seem to have the potential to alter the characteristics of the CRZ therefore decided to recommend CRZ clearance subject to strict compliance of the conditions stipulated by the Maharashtra Coastal Zone Management Authority and strict compliance with the stipulations contained in the Intimitation of Disapproval under section 346 of Mumbai Municipal Corporation Act issued by MCGM.

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List of the Members

1. Dr. Deepak Arun Apte, Chairman and Director, Bombay Natural History Society (BNHS), S.B. Singh Road, Mumbai (Maharashtra)

2. Dr. E. Vivekanandan, Plot 1, Sarathy Nagar, 5th Street, Velachery, Chennai - 42.

3. Dr. S. W. A Naqvi, Former Director, NIO-CSIR, Goa 4. Dr. S.G. Bhave, Associate Dean Forestry, Konkan Krishi Vidyapeeth, Dapoli,

Maharashtra

5. Dr. Anuradha Shukla, Central Road Research Institute (CRRI), CRRI, Mathura Road, New Delhi - 25

6. Shri N.K. Gupta, Scientist E & Incharge (ESS), Central Pollution Control

Board, Parivesh Bhawan, CBD-Cum Office Complex, East Arjun Nagar, Delhi - 32

7. Shri Y. Chandrasekhar Iyer, Commissioner (FM), Ministry of Water Resources, River Development & Ganga Rejuvenation, CGO Complex, Lodhi Road, New Delhi - 3

8. Shri Arvind Kumar Nautiyal, Member Secretary & Director, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, 6th Floor, Jal Wing, Jor Bagh Road, Aliganj, New Delhi -3